Hayne has asked to withdraw his guilty plea if he doesn't get the leniency promised. He wants half the lightest term given his co-defendants, or eight years.

The judge has also asked if Hayne wants him to step aside because of favorable comments the judge made about three co-defendants. Without plea deals, the co-defendants were at odds with Hayne's legal strategy.

The device was a dud provided by an FBI informant and the FBI says no one was ever in danger.